S.L. 452.107 Art. 4Responsibilities of central management.

(1) The central management shall be responsible for creating the conditions and means necessary for the setting up of a

European Works Council or an information and consultation procedure in a Community-scale undertaking and a Community-scale group of undertakings where:

(a) the central management is situated in Malta;

(b) the central management is not situated in a Member State and the representative agent of the central management (to be designated if necessary) is situated in Malta; or

(c) neither the central management nor the representative agent (whether or not as a result of being designated) is situated in a Member State and -

(i) in the case of a Community-scale undertaking, there are employed in an establishment, which is situated in Malta, more employees than are employed in any other establishment which is situated in a Member State, or

(ii) in the case of a Community-scale group of undertakings, there are employed in a group undertaking, which is situated in Malta, more employees than are employed in any other group undertaking which is situated in another Member State, and the central management initiates, or is required to initiate, negotiations for a European Works Council or information and consultation procedure in terms of regulation 5.

(2) Where the circumstances described in sub-regulation(1)(b) or (c) apply, the central management shall be treated, for the purposes of these regulations, as being situated in Malta and -

(a) the representative agent referred to in sub-regulation (1)(b); or

(b) the management of the establishment referred to in sub-regulation (1)(c)(i) or of the group undertaking, referred to in sub-regulation (1)(c)(ii), shall be treated, respectively, as being the central management.

(3) It shall be the duty of -

(a) the management of establishments of a Community-scale undertaking situated in Malta, and

(b) the management of undertakings which form part of a Community-scale group of undertakings situated in Malta, and

(c) employees’ representatives or, as the case may be, of employees, to comply with the relevant provisions of these regulations, irrespective of whether or not the central management is situated in Malta.

(4) The management of every undertaking belonging to the Community-scale group of undertakings and the central management or the deemed central management within the meaning of sub-regulation (2), of the Community-scale undertaking or group of undertakings shall be responsible for obtaining and transmitting to the parties concerned by the application of these regulations the information required for commencing the negotiations referred to in regulation 5, and in particular the information concerning the structure of the undertaking or the group and its workforce, including, in particular, information on the number of employees.